Citizenship Eligibilty

[danengland 0]

Hi everyone,

I'm a bit confused here. I have been married for 4 and a bit years here to a US citizen. My permanent (10 yr) resident card was issued last year though. Before that I had the employment authorization card etc.

My question is, do you have to wait for 3 years after getting married, or 3 years after the date of the permanent resident card?

On a side note, she is leaving me (very sad), and says that she doesn't want to have around for too long before filing for divorce. If I can get the citizenship now, not only will that buy me some time, before the divorce, but would I possible get in trouble if we divorced right after that?

Thanks so much for your help,

Dan

[RICARDO4EVA2 195]

Hi everyone,

I'm a bit confused here. I have been married for 4 and a bit years here to a US citizen. My permanent (10 yr) resident card was issued last year though. Before that I had the employment authorization card etc.

My question is, do you have to wait for 3 years after getting married, or 3 years after the date of the permanent resident card?

Yes you have to wait 3 years FROM DATE OF THE ISSUE DATE ON the Green Card andbe married with a USC at the time of the application/interview process/approaval or 5 years SOLO - which ever comes first.

On a side note, she is leaving me (very sad), and says that she doesn't want to have around for too long before filing for divorce. If I can get the citizenship now, not only will that buy me some time, before the divorce, but would I possible get in trouble if we divorced right after that?

No You wont get in trouble .. but don't be caught that you applied for USC then got a divorce like a month or so after.. that could be seen as you were seperated and during the process you would have known of this since it would impact you (change of status).

Thanks so much for your help,

Dan

Edited September 22, 2010 by RICARDO4EVA2

[Anh map 2,098]

You must be an LPR for 3 years and be married to that same US citizen spouse. If not, then you would be eligible in 5 years.

Read through the USCIS Guide to Naturalization ( http://www.uscis.gov/USCIS/Office%20of%20Citizenship/Citizenship%20Resource%20Center%20Site/Publications/PDFs/M-476.pdf ) It has a lot of good information.

[Darnell 8,479]

it's 3 years from the issuance date of the FIRST GREEN CARD -

so check the copy page of the FIRST GREEN CARD - go forward three years.

then back up 90 days - that's the FIRST day you could file, based on marriage to a US Citizen.

[Lansbury 19]

it's 3 years from the issuance date of the FIRST GREEN CARD -

Not always so. There is a date on the green card which says Resident Since. That is the date which controls everything and it isn't always the same as the date the first GC was issued

[Darnell 8,479]

Lansbury- my bad - that's the 'exact date' I'm referring to - thanks for the clarification !

[lissa04 3]

If she is leaving you and your talking about divorce, then I would wait till you have been a permanent resident for 5 years minus the 90 days. What most people don't know is at this stage of the game you will be scrutinized to the maximum. More so now then with the green card application. If you lie and it is found out your naturalization can be stripped from you. I have heard people say that it is a much easier process when you apply based on 5 years vs. 3 years. When I sent in my N-400 I sent all the same evidence and more then when I removed my conditions. The officer was happy that I had everything in order and didn't have to verify anything like joint bills since it was already submitted. Remember you are under oath when you go for your interview and these guys/girls are trained in deception. Don't risk it. It took you a long time to get where you are, you don't want to lose it all for a stupid lie.

Lissa

PS: don't be surprised if you have immigration checking with your neighbors or knocking on your door. It happened to me, I just wasn't home when they stopped by, my neighbor Charlie told me when I got home. The hubby and I went to go get groceries, and missed them by 15 mins.